You ask whether certain information is subject to required public disclosure under chapter
552 of the Government Code. Your request was assigned ID# 125081.

The Texas Alcoholic Beverage Commission (the "ABC") received a request for the
following:

Copies of all investigation reports, summaries, complaints, violation notices
and any supporting documentation related to investigations of River City
Cabaret, Ltd. 107 E. Martin, San Antonio Texas, between Dec. 1, 1998 and
March 15 1999, whether or not created by TABC personnel.

You state that you have released to the requestor documents labeled Attachments C-1 and
C-2(1) after redacting the highlighted portions of Attachment C-1 from the information
provided to the requestor. You submit to this office documents labeled Attachment D, which
you have withheld from the requestor, as well as documents labeled Attachment C-1 and
C-2. You claim that the requested information that you have withheld is excepted from disclosure under sections 552.101, 552.103, and 552.108(a)(1), (2) and 552.108(b)(1), (2)
of the Government Code. We have considered the exceptions you claim and reviewed the
submitted information.

Section 552.103(a) excepts from disclosure information:

(1) relating to litigation of a civil or criminal nature or settlement
negotiations, to which the state or a political subdivision is or may be a party
or to which an officer or employee of the state or a political subdivision, as
a consequence of the person's office or employment, is or may be a party; and

(2) that the attorney general or the attorney of the political subdivision
has determined should be withheld from public inspection.

The ABC has the burden of providing relevant facts and documents to show that the section
552.103(a) exception is applicable in a particular situation. The test for meeting this burden
is a showing that (1) litigation is pending or reasonably anticipated, and (2) the information
at issue is related to that litigation. University of Tex. Law Sch. v. Texas Legal Found.,
958 S.W.2d 479, 481 (Tex. App.--Austin 1997, no pet.); Heard v. Houston Post Co., 684
S.W.2d 210, 212 (Tex. App.--Houston [1st Dist.] 1984, writ ref'd n.r.e.); Open Records
Decision No. 551 at 4 (1990). The ABC must meet both prongs of this test for information
to be excepted under 552.103(a). You state,

At this time, the agency is contemplating formal contested proceedings under
the Administrative Procedures Act against the permitee of River City Cabaret
based on the investigation reports designated as Attachment D. These
documents have been forwarded to Assistant Attorney General Andrew del
Cueto who represents the commission. Mr. Del Cueto will, in turn base his
prosecution of the alleged administrative violations of the Alcoholic
Beverage Code on the investigation reports.

Based on your representations, we find that litigation is reasonably anticipated and that the
requested information is related to the anticipated litigation. Accordingly, we conclude that
the Commission may withhold from the requestor Attachment D under section 552.103.

Generally, however, once information has been obtained by all parties to the litigation
through discovery or otherwise, no section 552.103(a) interest exists with respect to that
information. Open Records Decision Nos. 349 (1982), 320 (1982). Thus, information that
has either been obtained from or provided to the opposing party in the anticipated litigation
is not excepted from disclosure under section 552.103(a), and it must be disclosed.

Further, the applicability of section 552.103(a) ends once the litigation has been concluded.
Attorney General Opinion MW-575 (1982); Open Records Decision No. 350 (1982).

You also claim that the identity of the undercover police officers who were witnesses to the
violations are excepted from disclosure.(2)You redacted the names of the undercover law
enforcement officers from the documents contained in Attachment C-1. Section 552.108 of
the Government Code excepts from required public disclosure:

(b) An internal record or notation of a law enforcement agency or
prosecutor that is maintained for internal use in matters relating to law
enforcement or prosecution . . . if:

(1) release of the internal record or notation would interfere with
law enforcement or prosecution;

Gov't Code § 552.108(b). You state that "[d]isclosure of the identities of officers working
in an under cover capacity would destroy the ability of those officers to work in that
capacity." We agree that the release of the names of undercover police officers would
interfere with law enforcement or prosecution. See Open Records Decision No. 211 at 4
(1978). You may, therefore, withhold the names of the undercover officers on Attachment
C-1 under section 552.108 (b)(1).

You have redacted the names and identifying information of witnesses, and you seek to
withhold this information from release under section 552.108. However, you fail to explain
how release of this information would interfere with the investigation of crime. You may
not, therefore, withhold the names and identifying information of the witnesses.

We note that "basic information about an arrested person, an arrest, or a crime" is not
excepted from required public disclosure. Gov't Code § 552.108(c). Basic information is
the type of information that is considered to be front page offense report information even
if this information is not actually located on the front page of the offense report. See
generally Houston Chronicle Publ'g Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ.
App.--Houston [14th Dist.] 1975), writ ref'd n.r.e. per curiam, 536 S.W.2d 559 (Tex. 1976);
Open Records Decision No. 127 (1976). Except for a violation described as "viol. state
health laws 104.001 stales & flats - open beer behind bar counter" in San Antonio Police
Department Alcoholic Beverage Inspection Report Assignment # 98/ 777966 in Attachment D, it appears from attachments C-1 and C-2 that you have disclosed basic information to the
requestor. You must release to the requestor basic information about the violation involving
open beer behind the bar counter.(3)

You state that you have redacted the driver's license numbers and social security numbers
of the witnesses from Attachment C-1. Section 552.130 of the Government Code governs
the release and use of information obtained from motor vehicle records. It provides in
relevant part as follows:

(a) Information is excepted from the requirement of Section 552.021 if the
information relates to:

(1) a motor vehicle operator's or driver's license or permit
issued by an agency of this state;

(2) a motor vehicle title or registration issued by an agency of
this state[.]

* * * *

(b) Information described by Subsection (a) may be released only if, and in
the manner, authorized by Chapter 730, Transportation Code.

Gov't Code § 552.130. All driver's license numbers on Attachments C-1 and C-2 should be
withheld pursuant to section 552.130.

As for social security numbers, section 552.101 excepts from disclosure "information
considered to be confidential by law, either constitutional, statutory, or by judicial decision."
This section encompasses information protected by other statutes. A social security
number or "related record" may be excepted from disclosure under section 552.101 in
conjunction with the 1990 amendments to the federal Social Security Act, 42 U.S.C.
§ 405(c)(2)(C)(viii)(I). See Open Records Decision No. 622 (1994). These amendments
make confidential social security numbers and related records that are obtained and
maintained by a state agency or political subdivision of the state pursuant to any provision
of law enacted on or after October 1, 1990. See id. Please note that social security numbers
in your records belonging to individuals other than witnesses may also be confidential under
section 552.101 and the federal Social Security Act.

We are resolving this matter with an informal letter ruling rather than with a published open
records decision. This ruling is limited to the particular records at issue under the facts
presented to us in this request and should not be relied upon as a previous determination
regarding any other records. If you have questions about this ruling, please contact our
office.

1. Attachment C-2 includes "private records" that are made confidential by section 5.48 of the Alcoholic Beverage Code. Because the requestor appears to be the attorney for River City Cabaret, we assume that he is entitled to the private records of the River City Cabaret, Ltd.

2. These police officers have a duty to report crime and are not protected by the informer's privilege. SeeRoviaro v. United States, 353 U.S. 53 (1957).